TOWN COUNCIL
JAMESTOWN, RHODE ISLAND
TUESDAY, OCTOBER 14, 1997
A regular meeting of the Jamestown Town Council was called to order at the
Town Hall, 93 Narragansett Avenue, at 7:36 PM by Council President Craig
A. Amerigian. The following members were present:
David E. Dolce, Vice President
Fred F. Pease
Ellicott Wright
(Absent: Councilor William H. Murphy)
Also present were:
Frances H. Shocket, Town Administrator
Denise Jennings, Deputy Town Clerk
Steven J. Goslee, Public Works Director
Betty Hubbard, Planning Commission Chair
J. Christopher Powell, Conservation Commission Chair
Quentin Anthony, Esq., Town Solicitor
SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION
Motion by Councilor Pease, seconded by Councilor Wright to advertise the
following renewal applications for public hearing on November 10, 1997 at
7:00 PM:
CLASS A
Jean Ceppi, Inc.
dba Page's
30 Southwest Avenue
CLASS B - TAVERN
Long Wharf Marina Restaurant, Inc.
dba The Bay Voyage
150 Conanicus Avenue
CLASS B - VICTUALER
Alexander Enterprises, Inc. IslanDish, Ltd.
dba Narragansett Cafe dba Chopmist Charlie's
25 Narragansett Avenue 40 Narragansett Avenue
Jamestown Oyster Bar, Inc. Midwest Electric, Inc.
dba Jamestown Oyster Bar dba Bayview Bar & Grille
22 Narragansett Avenue 53 Conanicus Avenue (Unit 1-R)
New England Golf Course Management, Inc. Trattoria Simpatico, Inc.
dba the Caddy Shack dba Trattoria Simpatico
aka Jamestown Golf and Country Club 13 Narragansett Avenue
245 Conanicus Avenue (lower level rear)
Oral's Specialty Food Service Management, Inc.
dba Schoolhouse Cafe
14 Narragansett Avenue
CLASS D - FULL
Conanicut Yacht Club Portuguese American Citizens Club
40 Bay View Drive 11 Pemberton Avenue
So unanimously voted.
CONSENT AGENDA
Motion by Councilor Pease, seconded by Councilor Wright to approve the
consent agenda with the exception of items #2, 5 and 7. So unanimously
voted. The amended consent agenda consisted of:
1) Adoption of Council minutes: 09/22/97 (regular meeting)
3) Copies of meeting minutes of Boards and Committees
a) Zoning Board of Review (07/22/97 & 08/26/97)
b) Jamestown Housing Authority (09/10/97)
c) Conservation Commission (08/12/97)
4) Copy of letter from Dr. Frances Gallo, Superintendent re: school
buses
6) CRMC notices:
a) Finding of no significant impact
i) RIDOT to repair existing seawall and repair sidewalk (Conanicus
Avenue)
ii) Donald & Ann Muir to conduct gravel/stone filling over a filter
mat (Plat 7, Lot 73; 44 East Shore Road)
iii) Francis Merciol to install roof shingles over existing roof
(Plat 12, Lot 85; 3 Grey Gull Road)
iv) Donald & Muir to replace windows and doors, outside shower,
relocate shed and repair/replace fence (Plat 7, Lot 73; 44 East Shore
Road)
b) Corrected Assent: Newport Electric Corporation to install new 4.5
inch diameter 23KV, "Primary Backup" submarine electric cable, and new
fiberoptics communications cable, between Newport and Jamestown
c) Assent: Mr. & Mrs. Clyde R. Byerly to construct 80-linear feet of
(reinforced concrete) seawall, shoreline protection (Plat 7, Lot 86; 68
East Shore Road)
8) Abatements/Addenda of taxes report of Tax Assessor submitted 10/09/97
2) Bills and payroll: Following clarification of a few items, motion by
Council President
Amerigian, seconded by Councilor Pease to approve bills and payroll.
So unanimously voted.
5) Copy of resolution from City of Newport re: ten year cap on the total
value of property
owned by tax exempt non-profit organizations: Council President
Amerigian: Do we want to respond to this? I see no need to respond to
this.
Motion by Councilor Amerigian, seconded by Councilor Pease to
approve item #5. So unanimously voted.
7) Request of YWCA of Greater RI and Northern RI for proclamation
declaring October
19 - 25, 1997 as a Week Without Violence: Council President Amerigian:
Do we want to respond to this? Councilor Wright: I'm all for a week
without violence, but I found that their resolution was very much a sample
proclamation and mainly refers to their organization.
Councilor Pease: Look at this again next year.
Motion by Councilor Pease, seconded by Councilor Wright to approve
#7. So unanimously voted.
EXECUTIVE SESSION ANNOUNCEMENT
Motion by Council President, seconded by Councilor Pease to enter
executive session as scheduled, at the request by the Administrator, to
discuss one matter regarding collective bargaining strategy, pursuant to
RIGL 42-46-5(a)(2). So unanimously voted.
OPEN FORUM
1) Scheduled Requests to Address
Robert W. Sutton, Jr.,Chief of the Division of Planning, RIDEM re: update
on plans for use of remaining State property at Fort Wetherill: Mr.
Sutton: Malcom Grant was unable to attend.
The main purpose for me coming here tonight is to schedule a work
session so that the department can talk directly to Council to discuss
some plans and possible uses of Fort Wetherill.
As you are all aware, the State of RI owns approximately seven acres
of undeveloped land at Fort Wetherill (south east corner).
We were not prepared tonight to bring any plans or specifications
nor did we want to.
We wanted to have the opportunity to sit down and be able to roll
them out on the table, at a time when it was appropriate for the Council.
The department is in the process of obtaining a design consultant.
Councilor President Amerigian: Is there anything that provides any
more substantive detail of plans, other than the map? Mr. Sutton: I
believe what you received was a site plan of the area, that shows what our
preliminary intentions might be.
The intent of the department is to move certain departments of fish
and wildlife to that location.
I can answer any sort of preliminary questions.
Councilor Wright: What is your time table? How soon would you like
to see this meeting? Mr. Sutton: At the earliest convenience of the
Council.
We have an internal schedule, but it is more for getting our own
people organized. Councilor Wright: How about December 1? Mr. Sutton:
That does not seem unreasonable.
Ms. Shocket: The first Monday in November is open. Council
President Amerigian: How about November 3. I would not be available
December 1. Mr. Sutton: I do not see a problem with that day. Richard
Hutchinson: I do not think that the Council should operate around my
schedule, but I am a neighbor and will not be available November 3 through
November 27.
I would like to participate in the discussion.
Mr. Sutton: Nothing will be carved in stone at this first meeting.
Our ideas are fluid and flexible.
We could be available to meet with Mr. Hutchinson. Motion by
Councilor Wright, seconded by Councilor Dolce to schedule a work session
with the RIDEM on November 3 to be held at 7:30 PM at the library (if
available). So unanimously voted.
John and Barbara West re: results of Zoning Board of Review hearing
Mr. West: We appeared before the Town Council on August 12 seeking a
solution on our land problems.
We spoke to the Town Planner and the Building/Zoning Official.
Our preliminary subdivision was approved by the Planner.
We are paying taxes on land that we can not enjoy or use.
We appeared before the Zoning Board of Review for this subdivision,
everything seemed to be going in our favor until Mr. Keough submitted his
objection.
Our attorney then made an offer to Mr. Keough and his answer was no.
At that point, our attorney withdrew our application.
At this point, I would like to turn discussion over to our daughter
Lori.
Lori Martin: I would like to give a brief history on the property,
so that you may understand the problems that my parents have.
Some of the problems that my parents have, can be traced back and
have actually been caused by the Town of Jamestown.
When a relative bought the property it was defined in the deed as
lot #840 a 50 x 100 lot with no property markers, pins or boundaries.
A privacy fence was put up and aligned with the telephone pole.
A year later my parents bought the property.
They wanted to put up a storage shed and were concerned about where
the property lines were.
To the right of my parents property was a paper road called Bellevue
Place and a stone wall which was assumed to be the center of the road.
My father got together with Mr. Woodbine who lived up the road and
was also Tax Assessor at the time, and with Mr. Caswell another neighbor
and decided to take action on closing Bellevue Place.
Mr. Woodbine offered to arrange all of this with Attorney Liberati,
who had apparently advised the Tax Assessor and his clients to make sure
that get a survey before doing this.
The road was then closed, but the neighbors still did not know where
there property lines were so they had a survey done.
A survey was then done by Roger Anthony and the property line was
right down the middle of my parents house.
According to the survey, lot 840 is not where it was thought to be
originally.
Mr. Caswell actually owns my parents porch and eventually he quit
claimed that portion of the property to my parents.
My parents house is actually not on lot 840 it is on a portion of
the paper road and lot 415.
For years Mr. Keough and my parents would talk about how this weird
situation came about.
All of the Mullin Plat lots were 5,000 square feet and all of a
sudden there was an adjustment made up to 10,000 square feet to make
everything look legitimate.
And for years this has been going on and nobody really being the
wiser.
There had to be some sort of cooperation with some official, that
they could get away with building a house on a paper road and increasing
the square footage.
There were missing documents from the tax records at that time, so
there is nothing to show one way or another on how this came about.
Mr. Woodbine was probably well aware of these complications.
Shortly after he said they are all happily settled on the two lots that
they are suppose to have and he then attempted to try to adverse possess
this particular lot.
My father started to move the fence according to Anthony survey
line, which was right up against Mr. Keough's house (Merkey/Werner
property at the time) and was begged by the tenants not to put the fence
so close to house.
The survey line was right up against the house.
Councilor Dolce: What year is the Anthony survey? Ms. Martin:
1986, shortly after that the Town started taxing my parents.
As soon as the Town realized that Mr. West owned this part of lot
840 they sent a tax bill to my parents on the land only and the tax bill
for the structure went to Alison Merkey.
Mr. Keough is content to just let things rest. The Town fully knew
that they were taxing one person for the building and one for the land and
proceeded to arbitrarily combine lots 840 and 415.
I know you have rules, but this was done knowing full well there was
a big mess here.
Right now my parents can not do a single thing, without a variance
or subdivision, an
2) Non-Agenda Requests to Address
Craig Richardson re: RIDOT Southwest Avenue project: (Mr. Richardson
passed out a drawing to Council and explained it briefly.) Mr.
Richardson: Was the issue of parking addressed? There is a safety issue
if parking is allowed on both sides of the road.
It will create the same problem that exists on Walcott Avenue.
Councilor Dolce: You are suggesting moving the curb out one foot?
Mr. Richardson: Yes, and all of the sidewalks will stay the same, with
the exception of extending the curb one foot.
Ms. Shocket: I will talk to Michael Bennett. We also will need to
make a decision on the striping issue.
Do we want 12 feet and four feet or 11 feet and 5 feet? I will
measure Narragansett Avenue and Hamilton Avenue or any others that Council
would like.
Motion by Council President Amerigian, seconded by Councilor Wright
to table this matter until October 27. So unanimously voted.
Solicitor re: offer of land (Plat 16, Lot 261): Council approved this
last year but slipped through the cracks.
I need your permission to record the deed. Councilor Dolce: Was
there any discussion regarding back taxes? Solicitor: Council voted to
accept back taxes.
Motion by Councilor Pease, seconded by Councilor Wright to authorize
the Solicitor to record the deed. So unanimously voted.
REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS
1) Town Administrator's report (attached hereto)
Additionally:
Water level: Ms. Shocket: The reservoir is down four inches from last
Monday.
Councilor Wright: Should we set limits? Administrator: Most limits
are on outdoor use, not internal use. We can just hope for rain.
Golf Course: Ms. Shocket: We have just received the second payment on
the Golf Course.
Fort Wetherill: A copy of the Fort Wetherill Plan and other documents are
on file with the Town Clerk's Office.
a) For Council Consideration
i) Award bid for dump truck to Coastal International in the amount of
$40,400
Mr. Goslee: I received a telephone call today from Coastal International;
they are not able to honor price or time of delivery.
The seconded lowest bid received was from Colony Ford in the amount
of $41,200 and can be delivered in six weeks; this bid can be honored.
Motion by Councilor Dolce, seconded by Councilor Wright to award bid for
dump truck to Colony Ford in the amount of $41,200. So unanimously voted.
ii) Award bid for pick up truck to Colony Ford in the amount of $16,398
Motion by Council President Amerigian, seconded by Councilor Wright to
award bid for pick up truck to Colony Ford in the amount of $16,398.
So unanimously voted.
iii) Award bid for Country Club boiler to SMS in the amount of $3,100
Motion by Councilor Pease, seconded by Councilor Wright to award bid for
Country Club boiler to SMS in the amount of $3,100. So unanimously voted.
iv) Award contract to complete fire alarm system at the Police Station to
Eastern Electric
in the amount of $1,750
Motion by Council President Amerigian, seconded by Councilor Pease to
award contract to complete fire alarm system at the Police Station to
Eastern Electric in the amount of $1,750. So unanimously voted.
v) Approve the appointment of Officer Lori Meadows as permanent police
officer
Motion by Councilor Pease, seconded by Councilor Wright to approve the
appointment of Officer Lori Meadows as permanent police officer.
So unanimously voted. Council consensus: Administrator to contact
the Police Chief to see if Officer Meadows would like to be officially
sworn in by the Town Council at their next regular meeting on October 27.
vi) Approve the appointment of a Town Planner
Motion by Councilor Wright, seconded by Councilor Pease to accept the Town
Administrator's nomination and appoint Lisa Wray Bryer as Town Planner.
Councilor Pease: She is a member of the Planning Commission, is
there a conflict? Solicitor: She should resign from the Planning
Commission.
Councilor Pease: I know for the Town Council, we would have to wait
one year before we would be eligible.
Would this situation be the same? Solicitor: I do not know the
answer to that question.
Motion by Council President Amerigian, seconded by Councilor Pease
table this matter until a special meeting on October 23 following the Town
Council sitting as Board of Water and Sewer Commissioners.
So unanimously voted.
Additionally:
Award bid for architect for the ambulance barn to Andrew Yates in the
amount of $2,995: Council President Amerigian: I spoke to an ambulance
association member earlier this evening and assured him that this subject
was not on the agenda and would not be discussed. Motion by Council
President Amerigian, seconded by Councilor Wright to continue this matter
to a special meeting on October 23 following the Town Council sitting as
Board of Water and Sewer Commissioners. So unanimously voted.
Highway barn: Ms. Shocket: I would like to establish a highway barn
committee.
Council Consensus: Put on agenda for next regular meeting on
October 27.
2) Letter from the Zoning Board of Review re: term limits
Motion by Councilor Wright, seconded by Councilor Pease to send the Zoning
Board of Review a letter of thanks. So unanimously voted.
UNFINISHED BUSINESS
1) Proposed Zoning Ordinance revisions (continued from 07/28/97)
Solicitor: I will have this in order in about a week.
Motion by Council President Amerigian, seconded by Councilor Pease
to table this matter until October 27. So unanimously voted.
2) Review release of executive session minutes (continued from 07/28/97)
Council President Amerigian: We have all reviewed these minutes.
Personnel issues should not be released. Litigation that is pending
should not be released. Can we release portions? Solicitor: Yes.
Councilor Wright: I would like to discuss in executive session.
Solicitor: I do not think that is legal.
Council President Amerigian: The last batch of minutes were
released in executive session.
Solicitor: I will review Mr. Amerigian's notes and index. Motion by
Councilor Wright, seconded by Council President Amerigian to postpone
review. So unanimously voted.
3) Review of Country Club proposals (continued from 09/22/97)
Council President Amerigian: We have received three proposals: a dance
club, a sail maker and recreation department for dance lessons, yoga and
fitness training.
Councilor Wright: Certainly three different offerings, none of what
we anticipated. I have looked at this in a number of angles, one of which
is what would cost the least investment by the town to get one of these
proposals operating, in terms of fulfilling ADA requirements and any other
requirement that might need to be fulfilled. The second would be the
income for the Town.
I think that the two that would be the least cost to the Town would
be the sail maker and the recreation department.
Council President Amerigian: Special zoning required for sail maker?
Sean McCarthy, East Passage Sail Making Co.
(West Bay View Drive): It fits in under special use permit, under
marine supply.
J. Christopher Powell: Where was this advertised and for how long?
Ms. Shocket: It was first advertised in the Boston Globe and the
Providence Journal and we received no responses.
The second time we advertised in the Jamestown Press and received
these three proposals.
Council President Amerigian: I spoke to someone today who is
interested in the country club for a restaurant.
Ms. Shocket: This has actually been advertised three times this
year.
The first time was for the whole building earlier this year.
Councilor Pease: What do the two proposals require of the Town?
Mr. McCarthy: Just give us the key. Council President Amerigian: Would
you remove partitions? Mr. McCarthy: Yes, some. Councilor Wright: Would
you be willing to share the space with the recreation department? Mr.
McCarthy: Yes, but that would affect my financial part of the bid.
Councilor Wright: What would it cost to bring the building up to
code on all aspects for each of these bids? Mr. Goslee: It is not open to
the public anything is possible.
Ms. Shocket: Need to make unisex handicap bathroom accordingly to
the number of users.
We are grandfathered on some things.
Council President Amerigian: If we hold off can we accept the late
proposal? Ms. Shocket: It is up to Council. Mr. McCarthy: A deadline
was advertised. Councilor Dolce: I had visions of the property being
better than it is now.
What can we do to maximize our returns over five years? Mr.
McCarthy: You can not keep changing your deadline until you come up with
something you like.
Councilor Wright: What is the lease time? Ms. Shocket: To run
concurrent with the existing lease with the golf course.
Council President Amerigian: What about the option of shared use?
Ms. Shocket: Would have to check with the recreation director and Mr.
McCarthy.
Councilor Wright: We need to learn more about what needs to be done
with this property on each of these proposals, all requirements.
Mr. McCarthy: I have already spoken to the Building/Zoning
Official.
Motion by Councilor Wright, seconded by Council President Amerigian
to close the bids and to ask the Building and Zoning Official to review
the bids and report back to the Council on what needs to be done to bring
the building up to code for each of the proposals. So unanimously voted.
Richard Allphin, Zoning Board of Review member: What happened to the
zoning ordinance amendment regarding mopeds, skiidoos etc.? Motion by
Council President Amerigian, seconded by Councilor Wright for the
Solicitor to report back to the Council on October 27.
So unanimously voted.
4) Charge for Golf Course Oversight Committee (Councilor Murphy and Town
Administrator; continued from 09/22/97)
Motion by Council President Amerigian, seconded by Councilor Dolce to
table this matter until October 27. So unanimously voted.
5) Carl Bednarczyk re: Public Works Department administration (continued
from 09/22/97)
Motion by Councilor Pease, seconded by Councilor Wright to table this
matter to October 27.
Mr. Goslee: I will not be available that night. Motion by Council
Amerigian, seconded by Councilor Wright to table this matter until both
parties are available. So unanimously voted.
COMMUNICATIONS
1) Alma Davenport de la Ronde re: fee structure for minor land
development as it appears
in the Subdivision Regulations
Motion by Councilor Wright, seconded by Council President Amerigian to
forward a copy of this communication to the Planning Commission for their
comment. So unanimously voted.
2) Nancy Cloud re: proposed RIDOT Southwest Avenue/Beavertail Road
upgrade
Motion by Council President Amerigian, seconded by Councilor Pease to
accept the communication. So unanimously voted.
3) RI League of Cities and Towns re: retired municipal employees
purchasing their medical insurance
Motion by Council President Amerigian, seconded by Councilor Dolce to
accept the communication. So unanimously voted.
4) East Passage Estates Lot Owners' Association re: proposed plan to
plant trees, shrubs and annual flowers
Motion by Council President Amerigian, seconded by Councilor Wright for
the Town Administrator to contact the East Passage Estates Lot Owners'
Association stating that the Town Council is amendable to this idea and
would like to see a copy of the plan so that the Town may review it with
the Planning Commission and the Police Chief. So unanimously voted.
5) Jamestown PTO officers re: posting of "School Zone" signage
Mr. Goslee: Those would be just warning signs, not regulatory. Motion by
Councilor Pease, seconded by Council President Amerigian for the
Administrator to meet with the PTO and the Police Chief to discuss a plan.
So unanimously voted.
NEW BUSINESS
Motion by Councilor Pease, seconded by Councilor Dolce to advertise the
following extended operating hours victualing license renewal applications
for public hearing on November 10, 1997 at 7:00 PM:
APPLICANT HOURS
Kenyon Oil Company, Inc 24 hours daily
dba Jamestown Xtra Mart
35 Conanicus Avenue
APPLICANT HOURS
Cumberland Farms, Inc. 5:00 AM until 11:00 PM daily
dba Cumberland Farms Store #1108
41 North Road
So unanimously voted.
2) Request from New England Telephone and Telegraph Co.
for permission to lay and
maintain underground conduits, buried cables, manholes, handholes, with
wires and cables to be placed therein (Watson Avenue)
Mr. Goslee: I would like to see the plan. Motion by Council President
Amerigian, seconded by Councilor Wright to table this matter until the
Public Works Director reviews the plan. So unanimously voted.
3) License transfer application:
APPLICANT TYPE
Layne Piva
dba Village Casuals Sunday Sales
TO
Christine A. Sheil
dba Christine's Casuals
7 Ferry Wharf
Motion by Councilor Pease, seconded by Councilor Dolce to grant the
license transfer, subject to obtaining the signatures of all appropriate
local officials. So unanimously voted.
Country Club bid continued: Mr. McCarthy: I am concerned about time.
Motion by Councilor Wright, seconded by Councilor Pease to authorize East
Passage Sail Making Co.
to apply to the Zoning Board of Review for a special use permit for
the operation of sail making at the Country Club. So unanimously voted.
EXECUTIVE SESSION
Motion by Councilor Wright, seconded by Councilor Pease to adjourn to
executive session at 10:10 PM.
So unanimously voted. Council returned to regular session at 10:59
PM. Motion by Councilor Pease, seconded by Councilor Wright to seal the
minutes of the executive session to the public. So unanimously voted.
ADJOURNMENT
There being no further business before Councilor Pease, seconded by
Council Wright to adjourn the meeting at 11:01 PM. So unanimously voted.
Attest:
Denise Jennings
Deputy Town Clerk